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KOOS v. ROTH

TC 50967; CA 18924; SC 28356.

652 P.2d 1255 (1982)

293 Or. 670

George KOOS and Agnes V. Koos, Respondents On Review, v. Kenneth ROTH, Petitioner On Review.

Supreme Court of Oregon.

Decided October 26, 1982.

Reconsideration Denied November 30, 1982.

Attorney(s) appearing for the Case

Paul D. Clayton, Eugene, argued the cause for petitioner on review. With him on the briefs was Luvaas, Cobb, Richards & Fraser, P.C., Eugene.

Dean M. Quick, Albany, argued the cause for respondents on review. With him on the brief was Weatherford, Thompson, Brickey & Powers, P.C., Albany.

Charles F. Adams and Richard S. Gleason, Portland, filed a brief for amicus curiae Industrial Forestry Ass'n. With them on the brief was Stoel, Rives, Boley, Fraser and Wyse, Portland.

Donald A. Haagensen and Mildred J. Carmack, Portland, filed a brief for amici curiae Oregon Seed Council, Oregon Seed Trade Ass'n, and Oregon Ryegrass Growers Ass'n. With them on the brief were Ridgway K. Foley, Jr. and Schwabe, Williamson, Wyatt, Moore & Roberts, Portland.

John R. Miller, Salem, filed a brief for amicus curiae Oregon Farm Bureau Federation.

Michael F. McClain, Corvallis, filed a brief for amicus curiae Field Burning Defense Committee in the Court of Appeals. With him on the brief was McClain & Brown, Corvallis.

Before DENECKE, C.J., LENT, LINDE, TANZER, PETERSON and CAMPBELL, JJ.

LINDE, Justice.

We are called upon to decide whether a farmer who employs field burning as an agricultural technique is strictly liable to pay damages when the fire enters upon and destroys a neighbor's property, without any need to show that the field burning was conducted negligently. The Court of Appeals so held in a decision in banc, three judges dissenting, 55 Or.App. 12, 637 P.2d 167

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